Injured By A Falling Tree While Driving In Pennsylvania: Can I Sue?
There are many things that can go wrong when you’re driving in Pennsylvania, and sometimes hazards emerge when you least expect it. When the weather becomes stormy and windy, trees can easily fall onto roads. In a worst-case scenario, these trees can fall on top of cars that are driving, causing serious injuries. While many people might laugh this off as a “freak accident,” it is certainly no laughing matter for victims who are struggling with medical expenses, missed wages, and other damages. So what do you do if this happens to you? Can you file a personal injury claim?
Your first step should be to get in touch with a qualified, experienced personal injury attorney in Pennsylvania. These legal professionals can assess your unique situation and determine whether or not you have the ability to take legal action against any negligent parties. Once your attorney understands your situation, they can help you proceed in a confident, efficient manner.
“Acts of God” and Insurance
In insurance terminology, a situation like this would be considered an “act of God.” No one could possibly foresee a tree falling on your car while you’re driving, and this may affect your ability to file a claim. Generally speaking, incidents such as these are not covered under a “basic” insurance policy. You would need to obtain additional coverage in order to be covered for these “acts of God.” However, this only applies to property damage (a parked car that is hit by a falling tree).
A Tree Falling on Your Car is Considered a Collision
So what happens if a tree falls on your car while you’re driving down a road in Pennsylvania? In this situation, the incident would actually be classified as a collision under your auto insurance policy. Instead of being viewed as an “act of God,” it would be handled the same way as any other single-car collision. For example, hitting a deer in the road, or losing control of your car and swerving into a barrier.
In this situation, you would file a claim through your own insurance policy. Pennsylvania is a “no-fault” insurance state, which means you can file a claim without assigning fault to another party. In other words, you can file a claim regardless of who is to blame for your crash.
Can I Sue Anyone for a Falling Tree?
In some rare cases, you may be able to sue specific parties for a falling tree. However, you can only do this if there is clear evidence of negligence. For example, a property owner might fail to address the hazards of a swaying tree in the storm, despite being aware that it poses a risk to drivers. Individuals may also be held liable for cutting down a tree that then falls onto moving vehicles.
Enlist the Help of a Qualified Attorney Today
If you have been injured, reach out to a skilled Scranton personal injury lawyer at the Needle Law Firm. We have considerable experience with a wide range of injury cases, including those involving so-called “freak accidents.” You shouldn’t lose the ability to receive a settlement just because your injury was rare and unexpected. With our help, you can receive the necessary funds to cover medical expenses, missed wages, and other damages. Reach out and book your consultation today.
